The District Court in Kraków issued a judgment in which it confirmed unequivocally that the right to the “Tiger” for energy drinks has only Dariusz Michalczewski . Thus, the court sustained the earlier decision prohibiting the company FoodCare sale and advertising of energy drinks with that sign. Wieslaw Włodarski company has already announced an appeal.
[Update: 13:55]
– This is a very important judgment, again on my advantage and devastating for FoodCare. The courts are unanimous in my case, and this is most important. Judgment in Krakow once again confirms that the wicked behavior in business methods, which uses the company FoodCare, you can not tolerate. In life and business, operates a fair and does not break contracts – I hope that the company you Włodarski will be the remembered in the future – summed up the judgment Dariusz Michalczewski.
The court in the reasoning emphasized that the operation of the Company FoodCare was contrary to morality, in particular the principle “pacta sunt servanda”, which says that “agreements should be kept.” The court ruled that the company Wieslaw Włodarski not behave loyally towards their partner, or Dariusz “Tiger” Michalczewski, and the use of the sign by the TIGER FoodCare was dependent character. Court judged FoodCare action against Dariusz Michalczewski as even “indecent” – says the foundation “Equally Opportunities” Michalczewski.
War of the mark takes the seventh year, and the process before the Krakow court rolled five years. The decision of the District Court was made in the first instance, this means that the company FoodCare may appeal to the second instance.
According to lawyers FoodCare District Court issuing the invalid judgment, he gave incorrect interpretation of the decision of the Polish Patent Office in Warsaw August 2015 to the effect that the priority for use of the characters “Black Tiger” and “Wild Tiger” for FoodCare.
Therefore, as the company said reports that after analyzing the reasons on which the company now waiting, most likely benefit from actually granted him the right to appeal.
The case began in 2009 when the foundation “Equal Opportunities” belonging to the former boxer Dariusz Michalczewski, filed an application to the Polish Patent Office in Warsaw in order to deprive the company FoodCare trademark rights element “Tiger”. The Foundation relies on the earlier rights Michalczewski to sign TIGER VIT and personal rights boxer.
Patent Office, however, dismissed the applications for annulment of characters BLACK TIGER and WILD TIGER stating that the allegations of bad faith are not justified.
In 2010, the company FoodCare refused Foundation “Equal Opportunities” payment of commissions from the sale of drinks with “TIGER”, produced under license by Dariusz “Tiger” Michalczewski. “Such action, the company FoodCare violated provisions of the agreement between the parties, leaving the Foundation choice and forcing her to take the necessary activity in court. As a result of the unfair proceedings of the company Wieslaw Włodarski Foundation” Equal Opportunities “solved the immediate binding their agreement and filed District Court in Krakow lawsuit against the company FoodCare “- we read in the earlier Communication foundation.
Gorge did not bring the decision of the Polish Patent Office dated 5 August 2015 in which both sides interpreted in a different way, or it that Michalczewski once won the lawsuit. At the end of 2014 years – as we mentioned earlier – Court of Appeal considered all the arguments Michalczewski and its foundation committing FoodCare to pay more than 15 million to the Foundation “Equal Opportunities”, which the company immediately after the announcement of the judgment paid.
Despite this, the owner of FoodCare argued that the right is on his side. – I would like to point out contradicting the words of Mr. Dariusz Michalczewski, that does not have a single final judgment, which would confirm that the right in dispute over brand Tiger is on the side of Mr Michalczewski – said Wieslaw Włodarski.
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